Gary v. Johnson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6094 GREGORY TYRONE GARY, Plaintiff – Appellant, v. GENE JOHNSON, Director, Virginia Department of Corrections; HARRIS L. DIGGS, Warden, Nottoway Correctional Center, Defendants – Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, Senior District Judge. (2:09-cv-00606-JBF-DEM) Submitted: March 31, 2011 Decided: April 6, 2011 Before NIEMEYER, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Gregory Tyrone Gary, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory Tyrone Gary appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Gary v. Johnson, No. 2:09-cv-00606-JBF-DEM (E.D. Va. filed Jan. 11, 2011; entered Jan. 12, 2011). We further deny Gary’s motions for appointment of counsel and for transcript at government expense. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2